INCOME TAX OFFICER WARD-2(3), HUBLI vs. THE WEST COAST PAPER MILL EMPLOYEES SOUHARDA CREDIT CO-OPERATIVE SOCIETY LTD, DANDELI

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ITA 1440/BANG/2017Status: DisposedITAT Bangalore27 November 2018AY 2013-142 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeals filed by the Revenue were not maintainable due to the low tax effect. The CBDT circular regarding monetary limits applies retrospectively to pending appeals.

What were the facts?

The Revenue filed appeals before the ITAT against the orders of the CIT(A) for AY 2013-14 and 2014-15. The tax effect in dispute was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether appeals filed by the Revenue are maintainable when the tax effect is below the prescribed monetary limit by the CBDT, considering the retrospective applicability of the circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘ A ’

Before: SHRI N.V. VASUDEVAN & SHRI JASON P BOAZ

For Appellant: Smt. Srinandini Das, Addl. CIT (D.R)

Per Shri Jason P Boaz, A.M. : These appeals at the instance of the Revenue are directed against the order passed by the Commissioner of Income Tax (Appeals),Hubli Bangalore dt.31.03.2017 for Assessment Years 2013-14 & 2014-15. 2. The learned Departmental Representative for Revenue submits that in these appeals, the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs.20 lakhs fixed by the CBDT in Circular No.03/2018, dt.11.07.2018, which is in supersession of 2 & 2930/Bang/2017 its Circular No.21/2015 dt.10.12.2015, in relation to filing of appeals before the Income Tax Appellate Tribunal. Taking into consideration the above, and also the fact that the CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeals filed by the Revenue are not maintainable and liable to be dismissed in limine.

3.

In the result, the above appeals of the Revenue for Assessment Years 2013-14 & 2014-15 are dismissed. Registry is directed to inform the parties accordingly. Order pronounced in the open court on 27th Nov., 2018.

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